성폭력범죄의처벌등에관한특례법위반(특수강간)
Defendants shall be punished by imprisonment for not less than two years and six months.
However, from the date of the conclusion of the judgment, the Defendants are respectively.
Punishment of the crime
Defendant
B on December 12, 2014, at the house of the victim in the Northbuk-gu, 03:00, the victim proposed that "any other defendant A has the same match because it is the same that the victim has taken the cresh in the toilet to save." The defendant A accompanied it, the defendant B did not drink any longer, and was placed on the part of the victim who was trying to play a game by carrying out a game in the Nowon-gu computer. The defendant A was exempted from the part of the victim's fright and panch panty, and the defendant B did not fright the body of the victim so that the body of the victim could not be divided, and the defendant B frighted with the chest and fright part, and the defendant A frightd with the body of the victim so that the body of the victim could not be put into the part of the victim.
However, even though the victim tried to engage in sexual intercourse, the intent was not achieved by the wind that the victim continuously gets sound and resisted, so the defendants attempted to rape the victim jointly.
Summary of Evidence
1. Each statement made by the Defendants in compliance with this Act;
1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;
1. Investigative reports (the details of reports filed by 112 and confirmation of voice files) prepared by a judicial police officer, which conforms to such reports;
1. Application of each of the Acts and subordinate statutes in line with the investigation report (digital evidence analysis data-A), and A mobile phone analysis data prepared by the assistant judicial police officer;
1. Relevant Articles and 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;
1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);
1. Suspension of execution;
A. Article 62(1) of the Criminal Code of Defendant A provides that, in a case where the victim’s house is boomed with Defendant B, the victim was involved in drinking games, etc. with the victim, and such act is contingent.